Tamilselvi v. The Dist.Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No. 12829 of 2020 and W.M.P.(MD)No.10885 of 2020 Tamilselvi ...

Petitioner Vs.

1.The District Collector O/o. the District Collector, Dindigul District.

2.The Joint Director, Kallar Reclamation, Kallar Reclamation Department, Madurai 625020.

3.The Tahsildar, O/o. the Tahsildar, Nilakottai Taluk, Dindigul District.

4.The Special Tahsildar, Adi Dravidar Welfare Department, Nilakottai, Dindigul District 1/6

5.The Executive Engineer (P.W.D), Building Construction and Maintenance Division, Dindigul.

6.C.Mokkaiyan 7.Manickamuthu 8.Ramachandran ...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus forbearing the respondents 1, 2, 3, 5 to 8 herein from in any manner constructing the compound wall of the school in the lands comprised in Survey Nos.218/2A, 2-B and S.Nos.228/1 B-2 in Rangappanaickanpatti Village, Nilakottai Taluk, Dindigul District. For Petitioner : Mr.A.Joseph Jerry For Respondents : Mr.A.K.Manikkam - for R1 to R5 Special Government Pleader

ORDER

This writ petition is filed for Writ of Mandamus forbearing the respondents 1, 2, 3, 5 to 8 herein from in any manner constructing the compound wall.

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2. Heard Mr.A.Joseph Jerry, the Learned counsel appearing for the Petitioner, Mr.A.K.Manikkam, the Learned Special Government Pleader appearing for the respondents 1 to 5 and perused the material documents available on record.

3. The official respondents have filed counter and stated in Paragraph No.7 as follows:

" 7. I respectfully submit that petitioner though pleaded the proposals for alleged construction of compound wall in the 2nd respondent school has not produced even a single document to substantiate her claim. The petitioner has filed the present writ petition with premises and surmises and not supported by any document. As per our report it is submitted that there was no construction of compound wall as alleged by the petitioner. The petitioner has filed the present writ petition without any valid documents and with false averments. In fact this respondent has nothing to do with the 2nd respondents school or with the petitioner as we acquired the property and assigned it to various beneficiaries' even in the year 1997 itself. " 3/6

4. To this effect, Mr.Arun Kumar, Junior Assistant O/o. the Joint Director, Kallar Reclamation is present before this Court today. On his instructions, the Learned Special Government Pleader appearing for the respondents submitted that there is no proposal for construction of Compound wall.

5. By taking all these facts into consideration, this Writ Petitions is closed. In future, if any proposal of putting up any construction by the respondents, the same shall be intimated to the petitioner and if the petitioner is aggrieved, he is at liberty to challenge the same. Index : Yes / No 28.08.2023 Internet : Yes NCC : Yes / No ksa 4/6

To 1.The District Collector O/o. the District Collector, Dindigul District.

2.The Joint Director, Kallar Reclamation, Kallar Reclamation Department, Madurai 625020.

3.The Tahsildar, O/o. the Tahsildar, Nilakottai Taluk, Dindigul District.

4.The Special Tahsildar, Adi Dravidar Welfare Department, Nilakottai, Dindigul District 5.The Executive Engineer (P.W.D), Building Construction and Maintenance Division, Dindigul.

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S.SRIMATHY, J ksa Order made in W.P.(MD)No. 12829 of 2020 28.08.2023 6/6